CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1801769
...This court interpreted Price narrowly in Tudhope v. Rudkin (In re Estate of Tudhope),
595 So.2d 312 (Fla. 2d DCA 1992), and we continue to do so today. [2] Generally, *1280 property rights passing by virtue of the death of a person vest at the time of death. See §
732.101(2), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...ess the testator in his will has provided that some other event must happen before a devise shall vest." Section
731.201(8), Florida Statutes (1979) defines the term "devise" to mean "a testamentary disposition of real or personal property... ." [2] Section
732.101(2), Florida Statutes (1979) provides that: "The decedent's death is the event that vests the heirs' right to intestate property." Section
731.201(28), Florida Statutes (1979) defines the term "property" to mean "both real and personal...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18132, 2011 WL 5560563
...tancy and not an interest in property. While a descendant may expect or hope to inherit, neither a present nor future interest in property actually exists in the absence of a conveyance." Diaz v. Rood,
851 So.2d 843, 845 (Fla. 2d DCA 2003); see also §
732.101(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 247899
...dlock, even though the attempted marriage is void. (b) The paternity of the father is established by an adjudication before or after the death of the father. (c) The paternity of the father is acknowledged in writing by the father. (emphasis added). Section 732.101(2) provides that the decedent's date of death is the event vesting the heirs' rights to intestate property....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...endant of his natural parents, nor is he one of the kindred of any member of his natural parent's family or any prior adoptive parent's family, ... (Emphasis added) The decedent's death is the event which vests an heir's right to intestate property. Section 732.101(2), Florida Statutes (1979)....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22000
for other purposes during administration. Section 732.-101(2), Florida Statutes, provides: “The decedent’s
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 784804
...The decedent's holographic will is without force or effect under Florida law. §
732.502(2), Fla. Stat. (1995). Therefore, absent a disposition of her Manatee County property under a valid will, the decedent died intestate with regard to that property. §
732.101, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 10398
...See §§
732.512;
732.515, Fla.Stat. (1989). We conclude that the provision of decedent’s will at issue was ineffective as a testamentary disposition. Because the will failed to effectively devise the property to designated beneficiaries, intestacy resulted. §
732.101, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1994 WL 577384
...See §§
732.512;
732.515, Fla. Stat. (1989). We conclude that the provision of decedent's will at issue was ineffective as a testamentary disposition. Because the will failed to effectively devise the property to designated beneficiaries, intestacy resulted. §
732.101, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...(quoting Wachovia Bank, N.A. v. United
States,
455 F.3d 1261, 1267–68 (11th Cir. 2006)).
Under Florida law, “[a]ny part of the estate of a decedent not
effectively disposed of by will passes to the decedent’s heirs,” Fla.
Stat. §
732.101(1), which includes “the descendants of the dece-
dent,” id....
...of cooperative federalism.” Id.
2 In our certification of this question to the Florida Supreme Court, we also
observe that other provisions of the Florida code may be relevant to the issue.
As noted above, under Florida Statute §
732.101(1), “[a]ny part of the estate of
a decedent not effectively disposed of by will passes to the decedent’s heirs,”
which includes “the descendants of the decedent” under Florida Statute
§
732.103(1). Therefore, sections
732.101(1) and
732.101(3) appear to set forth
another condition that P.S.S....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 4671, 2006 WL 824566
...— that the paternal heirs had the burden of proving the nonexistence of maternal heirs. Indeed, Estate of Tim supports the appellant’s position. Estate of Russell addressed the question of whether certain property was subject to the provision of section 732.101(1), Florida Statutes (1977), that “any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs” by intestate succession....
...The holding in Estate of Russell thus concerned a question of statutory interpretation that is not relevant to this case. Here, it is undisputed that the entire estate is subject to intestate succession because it was “not effectively disposed of by will.” The provision of section 732.101(1), Florida Statutes (1999), was applicable because Irving Faskowitz’s will left all his property to his wife, who predeceased him, and the will did not name an alternate beneficiary....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 159, 2014 WL 1240073, 2014 Fla. LEXIS 1027
...Szabo Food Servs., Inc. of N. Carolina v. Dickinson,
286 So.2d 529 , 531 (Fla.1973)). Also important in this analysis is how Florida’s intestacy statute relates to section
732.6005. When the Florida Legislature adopted the Uniform Probate Code, it enacted section
732.101 entitled “Intestate Estate,” which provided: Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code. Ch. 74-106, § 1; §
732.101, Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19029
...In Florida, at the time of birth a child only has an expectancy that he will be an heir of his natural father. Huskea’s Estate v. Doody,
391 So.2d 779 (Fla. 4th DCA 1980). 1 However, it is the intestate’s death that is the event that vests an heir’s right to intestate property. §
732.101(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20087
...However, once a will is declared invalid, the testator’s intent is no longer controlling and the property must pass according to the law of intestate succession. In Re Stephan’s Estate,
194 So. 343 (Fla.1940); In Re Lubbe’s Estate,
142 So.2d 130 (Fla.2d DCA 1962); Section
732.101(1), Florida Statutes (1979)....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1924
...dant, Michael Rosin, and against the Plaintiff. . Cal.Civ.Code, § 700. Future interests; possibilities. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind. . Fla.Stat. §
732.514. . Fla.Stat. §
732.101(2)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13928
...The decedent’s holographic will is without force or effect under Florida law. §
732.502(2), Fla. Stat. (1995). Therefore, absent a disposition of her Manatee County property under a valid will, the decedent died intestate with regard to that property. §
732.101, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13243, 2011 WL 3696309
...[1] We hold that, where a will fails to dispose of all of a decedent's property (Ann's will has no residuary clause), "partial intestacy" results; and that property Ann owned at the time of her death not disposed of by her will passes to her heirs, in the manner prescribed by sections 732.101-.111, Florida Statutes (2009)....
...Aldrich's will made no "valid disposition" of the Putnam County realty or of the non-IRA account at Fidelity Investments. V. A testator may choose to dispose of only a portion of his or her estate by will, allowing the balance to descend under the laws of intestate succession. See § 732.101(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1980 Fla. App. LEXIS 16990
...t to the terms of Section
733.816, Florida Statutes (1977). [1] From this order, *489 Mr. Smith filed a timely notice of appeal. The guardian ad litem is the appellee. Mr. Smith contends that he is entitled to receive the entire estate. He points to Section
732.101, Florida Statutes (1977), which provides that "any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code," and argues that because no o...
...will does not effectively dispose of that portion of the estate. Hence, as the sole heir at law he is entitled to receive those funds under Section
732.103(1), Florida Statutes (1977). We cannot accept this argument. An ineffective disposition under Section
732.101 is one which is legally ineffective rather than one where a specified beneficiary under the will cannot be found....
CopyPublished | Florida 1st District Court of Appeal
...However, as the trial court found, Appellants
presented no evidence of a legal interest of record in the eighteen
acres. Nor did they present competent, substantial evidence about
when various family members died, whether they died intestate,
and who survived them. See § 732.101, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 24, 2024
...But other provi-
sions of Florida law suggest the opposite. See Fla. Stat. §
732.514
(“The death of the testator is the event that vests the right to de-
vises unless the testator in the will has provided that some other
event must happen before a devise vests.”); Fla. Stat. §
732.101(2)
(“The decedent’s death is the event that vests the heirs’ right to the
decedent’s intestate property.”)....
